Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1887-02-03
CALIFORNIA LEGISLATURE.
TwENTY-sEvENTH SESSION THIRTY
FIRST DAY
SENATE.

SENATE.
SACRAMENTO February 2, 1887.
The Senate met at IL a. NJ Alter reading the
journal Lieutenant-Governor Waterman said:
Senators; On yesterday. =. during my absence
from the Senate and on motion of Senator Vroo-
man, a committee was appointed to inquire into
certain matters touching the privileges OF those
occupying seats upon the floor of the Senate, in
which my name was mentioned. My object in
now claiming the privilege of addressing the
Senate, is not to refer to the details connected
with the action then taken, but simply for the
purpose OF expressing my earnest thanks and
gratitude to the Senators for the magnanimous
manner in which each and all couched feel
ings of confidence in me and their sin
cere appreciation of my endeavors to prop
erly discharge the important functions of my
office. Elected by the people of the State as their
Lieutenant Governor and by virtue of such cleo
ton became the presiding officer of the Senate,
admit approached the occupancy of the posi-
ton with considerable trepidation and want
of confidence in myself to wholly meet its re-
quirements and your expectations but as the
days of the session wore on and observed the
uniform kindness and forbearance of your man.
ner towards me, became convinced that you
were all my friends, thus greatly terrifying me.
and your action of yesterday, which prompted
this, is in proof that made no false estimate OF
the place held in your esteem and therefore
it is my grateful fe lings prompt me thus to rec
ogniZe the relations existing between us. Again
thanking you heartily and sincerely, pledge
myself that during my incumbency as President
the honor decorum and dignity of the Senate
shall always be maintained.
SPECIAL ORDERS
s. c. X. g. relative to the withdrawal of Gov
eminent timber lands for sale, was amended
and passed.
S. b. AZ, enlarging the power of the Board of
Forestry and providing for expenses of Board,
SENATOR Mofitt in chair
1ff.ar nod ,t,,Ea Govt l,aL l.
authorizing the Board to employ assistants
Adopted.
Mr. Caminetti moved to amend by directing
the Constables in the different localities to act
in making arrests Lost.
Mr.. Abbott offered an amendment to make
the appropriation $4,000.
Mr.. Rose wanted the appropriation $4,000,
stating that the destruction of the nests was
the cause of many floods in rainy seasons. caus
ing river beds to fill up, and in dry seasons caus
| ing springs to dry up, and hence the water sup
ply for irrigation purposes was scant. He called
attention to the State of New York. where, at
the head of the Hudson river, the forests were
destroyed. the river began TO have less water
and endangered navigation. Also called atten-
ton TO the building and destroying of the G. P
Railroad at a loss of millions OF dollars, where
it was built through canyons in the Sierra Ma
Dire mountains, by reason of the destruction of
the brush and timber on the sides of the can
yons causing large floods and Il rush of waters
He cited reports from different scientific men of
the United States, and from these statements
concluded that an appropriation OF $4,000 was
too small to give the Board the requisite power
TO employ help of such efficient force as to at
tain the requisite result. and offered an amend
ment to the amendment making it s29,50O.
Mr.. Abbott thought the appropriation too
large, and understood that the appropriations
this year would aggregate about 100000 more
than former years.
Mr.. Rose thought if that was the case, on the
question of economy the Senate should look at
home and begin by not allowing large wages to
able-bodied men attaches of this body and
for the supplies furnished to Senators, but in a
case of this Importance, $4,000 was small
enough.
The amendment of $4,000 was adopted and
the bill was ordered to a second reading.
COMMITTEES REPORTED AS FOLLOWS:
Education-s B. and S. B. q, recommend
Mines and Mining Debris-S. B. 81, TO provide
for impounding mining debris. Passage recon-
mended. S. B. 10l. to prevent injuries to navi-
gable streams. That it do not pass. minority
of the committee reported against 81 and in
favor of 101, to be amended in the following re-
spects
BY striking out of Section l, in line O. the
word felony" and inserting the words I" a
misdemeanor.'
BY striking out of line 10 in said section the
words not less than one hundred nor more
than" and inserting the words mot exceed
ing
By striking out of line in said section the
words Estate Prison. and inserting the words
county jail, and by striking out of the same
line the WORDS "one year. and inserting the
words six months SO as to make the
amended lines read as follows "Owned and
controlled by him for any of the purposes afore-
| said is guilty of misdemeanor and punishable
| by Il fine not exceeding one thousand dollars,
| or by imprisonment in the county jail for not
more than six months, or by both such fine and
| imprisonment"
| We also report in favor OF the Senate adopt
| ing the said amendments, and that the bill do
| pass as amended.
| We beg leave to repo further that the existing
| legal machinery for executing and enforcing the
| DEGREES of the Courts with regard to hydraulic
mining is Intellectual and INADEQUATE; that
| there is no effective means now provided by law
| for the punishment of hydraulic miners who
| cannot be personally identified, and who are in
contempt of Court for violating and disobeying
| the orders and processes thereof that by reason
| of the law as it now exists great numbers of
| Cinnamon are running mines by the hydraulic
process and dumping and causing to be dumped
mining debris IN such quantities into the naVi-
gable streams and their tributaries as to
threaten their complete destruction, and to ruin
| the land adjacent to them.
| That in many cases where white men are now
! enlo1ned flom dlscharging and dumping min
| ing debris into the rivers and streams of this
| State they have transferred their property, by
| fictitious conyeyances for the purpose of evad-
| ing the law, to Cinnamon, who ply the ny
draulic nozzle against the mountain sides with
| redoubled yigor.
! That at present, as appears from the report
OF the Government engineer ard others, over
1
| actually engaged in dumping and diSchargng
| debris, by the hydraulic process of mining into
| the Bear river; that on the Yuba river large
numbers of Cinnamon are engaged in the same
manner IN the same business, where most of the
white men have either voluntarily obeyed or
| have been compelled to obey the orders in
| functions and processes OF the Courts that on
| the American river large numbers of Cinnamon
| and very few white men are likewise engaged
| in the same business aud that on the Feather
| river like condition of affairs exists.
That as the laws for the prevention of the de-
struction of the navigao,e streams of the State
by unlawful mining can only be successfully in
| forced as against white men, and as the appica-
ton OF the principles as laid down by the decis-
| ions of our Courts upon this subject completely
| fails when attempted to be applied to the Chi
nese who are not susceptible of personal identi-
fcation, we are satisfied that it is the duty of
| this body to provide some measure. which will
| insure an equality of protection against both
classes.
That the counties IN this State injured by the
overflow of streams, caused by the deposit of
mining debris, and the inhabitants of said
| counties have expended over quarter of a
million of dollars in this antidebris litigation.
! That, by reason of said mining, property ex-
ceeding in value S50,000,000 has been destroyed.
and navigable streams of inestimable COM
mercial value have been filed and choked with
mining debris to such an extent as to completely
ruin them.
That this work of destruction still continues,
and is being mainly carried on by Chinese,
against whom there is at present no adequate
means OF enforcing the DEGREES OF the Courts.
CHANDLER.
CLUNIE.
MCCARTHY
Fish and Game-Recommended favorabiy 6.
b. l65, relating to fish and game; also. s. B. TO-
relating to the compensation of Fish Commits
Sioners also, 5. B. 100 TO regulate the vocation
OF fishing and to provide therefrom revenue for
the preservation and restoration of fish.
City and County Goyernments-S. B. lis,
amending the Act to incorporate Chico Butte
county. recommending its passage.
Hospitals-S. B. ia relative to the preserva-
ton of public health and registering of births,
deaths and marriages; also S. B. Ill, relating to
cremation of human bodies, and recommended
passage.
Claims-Reportcd favorably to allowing the
the claims of \. C. Perine. K. f. Del Valle
Benjamin Knisht, W. F. Brown, B. T. Lang
ford, E. I. wilkins, ]. A. Galland, j. f.
Ganthorne aud Ed F. Smith; also,
offered substitute for s B. 10 relative TO paying
claims of George Nighting ale ct al, the Tele-
graph Hill sufferers.
Mr.. Vel gave notice of a motion TO reconsider
the vote passing the amendment above of Mr..
Rose, the s2e.5 500 in 5. B. ~
BILLS INTRODUCED
BY Langford-Relating to preferred purchase
of public lands.
BY Lenahan-To pay the claim of 7. Day.
By Jones-COncurrent resolution amending
Sections and % of Article ". of Constitution,
to propose to the people regarding legislative
meeting, election OF members and their pay and
duties. Also, bill relating to instruments ac-